Activist sues EACC, DPP, KICC boss over alleged illegal arrest and detention
He further contends that EACC and sections of the media maliciously published his name and photograph, branding him a criminal without trial. According to court papers, the publications irreparably damaged his reputation as a civil society leader and caused severe loss to his business ventures.
An activist has moved to court, accusing the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP), and Kenyatta International Convention Centre (KICC) Chief Executive Officer, James Mwaura, of orchestrating his unlawful arrest, detention, and defamation in what he terms a scheme to silence accountability efforts.
In a constitutional petition filed at the Milimani High Court, Peter Odhiambo Agoro alleges that his fundamental rights were grossly violated after he attempted to deliver a public petition exposing alleged embezzlement, conflict of interest, and procurement irregularities at KICC on September 11, 2014.
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Through his lawyer, Charo Ngala, the petitioner claims that upon presenting the petition to KICC, the CEO declined to accept it, forcing him to effect service electronically.
Shortly afterwards, Agoro alleges, Mwaura initiated phone calls acknowledging the allegations and later lured him into a meeting where he was entrapped, arrested, and subsequently paraded by EACC as part of an "extortion racket."
He further contends that EACC and sections of the media maliciously published his name and photograph, branding him a criminal without trial. According to court papers, the publications irreparably damaged his reputation as a civil society leader and caused severe loss to his business ventures.
"The actions amounted to a breach of his constitutional rights to freedom, dignity, fair trial, and protection of reputation", court documents read.
He accuses the respondents of manufacturing evidence against him while shielding Mwaura from scrutiny despite whistleblower accounts implicating him.
The petitioner now seeks urgent conservatory orders restraining EACC, ODPP, and Mwaura from arresting, detaining, or prosecuting him pending the hearing of the case.
He also asks the court to compel the respondents to retract defamatory publications, pull down online posts, and issue a corrective statement on the same platforms where his image and name were circulated.
Additionally, he wants a declaration that KICC's refusal to receive and act upon the public petition violated the Constitution, as well as an order directing disclosure of documents linked to the Consortium of Civil Societies' petition.
Justice Lawrence Mugambi has directed the case to be mentioned on November 6 for further directions.
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